Defendants may face a wide array of criminal charges as they navigate their trials and build viable defenses. The criminal justice system can be intimidating and overwhelming, and you should seek help from an experienced attorney. You have the right to defend yourself, and an attorney will help you do so.
In general, misdemeanors are somewhat less serious criminal offenses, though they can still carry lengthy prison sentences. Judges may still set bail in misdemeanor cases, which defendants might not anticipate. Felonies are especially intimidating because defendants could spend years in prison if convicted. Support from our experienced defense lawyers is crucial so that you understand your charges and what it will take to overcome them. In addition, we can keep you updated on mandatory court appearances and remind you of any bail conditions so that the judge does not revoke your bail.
Overson Law can review your case for free today when you call our criminal defense lawyers at (801) 758-2287.
Categories of Criminal Offenses in Herriman, UT
Criminal offenses fall into one of two broad categories: misdemeanors or felonies. There are different types of misdemeanors and felonies, each carrying different potential consequences. Once our criminal defense lawyers identify the exact reason for your arrest and the charges filed against you, we can start preparing your case and defense.
Misdemeanors
Misdemeanors are among the lowest criminal offenses you could be charged with in Utah. Although you could face jail time for a misdemeanor conviction, with the maximum sentence for Class A misdemeanor convictions being up to 364 days in jail, our lawyers may be able to negotiate fines and other consequences instead of jail time.
For example, suppose you are arrested and convicted of driving under the influence, which is typically a Class B misdemeanor, according to Utah Code § 41-6a-502(2)(a). Class B misdemeanors are punishable by up to six months in jail, though participating in alcohol or drug management courses may let you avoid such consequences, especially if you do not have a previous criminal record.
Judges can set bail for misdemeanor offenses in Utah, and our lawyers can represent you during your bail hearing to ensure that bail is fair. Judges might also revoke bail if defendants fail to attend mandatory appearances, and our lawyers can ensure you are aware and present at all court dates throughout your case.
Those with previous misdemeanor convictions can file for expungements, depending on how much time has passed. Utah’s recent change to the maximum prison sentence for a Class A conviction – lowering it from one year to 364 days – and its Clean Slate Law make it easier for many to erase previous misdemeanor convictions.
Felonies
Felony charges are more serious than misdemeanors because of the nature of the offenses and the consequences upon conviction. The lowest felony charge is a third-degree felony. Examples of third-degree felony offenses include theft of property valued between $1,500 and $5,000, causing serious bodily injury while driving under the influence, and aggravated assault.
If convicted, defendants face up to five years in prison under § 76-3-203(3). When facing more serious charges than even third-degree felonies, our lawyers can work to have the charges reduced, thereby mitigating the consequences, which increase substantially from third-degree to second-degree felony convictions.
For example, there are sentencing minimums judges must follow for second- and first-degree felonies in Utah. If convicted of a second-degree felony, like residential burglary, possession with intent to distribute, or manslaughter, you must serve at least one year in prison but no more than 15 years. The minimum prison term for a first-degree felony conviction is five years, with the maximum sentence being life in prison. Not all felony convictions can be expunged, like rape and murder.
Felony charges are often much more intimidating than misdemeanor charges. Police officers know this and might try to leverage your fear against you to get you to misspeak after an arrest. Instead of directing your questions to law enforcement, ask our lawyers to clarify the reason for your arrest, the charges against you, and what the case might mean for your future.
Facing Murder Charges in Herriman, UT
Murder is one of the most serious criminal charges on the books and is described under Utah Code § 76-5-203(2). Murder may be charged under various circumstances, so your defense options may also vary greatly based on your situation.
How Murder is Charged
Murder may be charged if the defendant knowingly or intentionally caused the death of someone else.
Murder charges may apply if someone intends to cause serious bodily harm to one person and commits an act so clearly dangerous to human life that it causes death.
Charges apply if the defendant, with a depraved indifference to human life, knowingly engages in activity that creates a serious risk of death and thereby causes the death of another.
One may be charged with murder if they commit, attempt to commit, or flee from the commission or attempted commission of any predicate offense, which may include various felonies. Next, someone else is killed because of the predicate offense. Finally, the defendant must have the required intent for the predicate offense.
Murder also includes a defendant recklessly causing the death of a peace officer or military servicemember in the commission or attempt of an assault on the officer or interference with their duties.
Penalties and Defenses
Penalties for a murder conviction are often regarded as some of the most severe penalties in our legal system. Convicted defendants may spend decades behind bars.
According to subsection (3) of the above-mentioned statute, murder is generally charged as a first-degree felony, and a convicted defendant may face no less than 15 years in prison and up to life.
How we fight murder charges depends on how the offense allegedly happened and the existence of mitigating or aggravating factors. Suppose the court finds that murder charges have been proven beyond a reasonable doubt, but special mitigation is also proven by a preponderance of the evidence. In that case, the court may reduce the charges to manslaughter or attempted manslaughter.
Another potential defense strategy is a justification defense. Perhaps you acted in self-defense or the defense of someone else. This is an affirmative defense, which means if it is successful, it negates criminal liability, and you should not be convicted.
How You Might Be Charged with Theft in Herriman, UT
Theft is a common criminal charge that encompasses a broad assortment of offenses. How you are charged, potential penalties, and your defense options will vary based on how you are charged.
Different Theft Charges
Theft is not one charge but many. A person might be charged with theft by deception, extortion, receiving stolen property, theft of services, theft of mislaid property, and other similar offenses.
According to Utah Code § 76-6-404(2), theft charges apply when someone obtains or exercises unauthorized control over someone else’s property with the intent to deprive that person of their property. This broad definition covers numerous circumstances.
Penalties depend on the value of the property alleged to be stolen. You may face a second-degree felony if the stolen property is worth $5,000 or more, includes a firearm or motor vehicle, or is stolen directly from another person (e.g., robbery). Third-degree felonies may be assessed if the property is worth at least $1,500 but less than $5,000.
Alternatively, one may be charged with a third-degree felony if the property is worth more than $500 and they have been convicted twice before within the last 10 years of certain other theft offenses, one of which must have been a Class A misdemeanor.
Theft offenses involving property worth at least $500 but less than $1,500 may be charged as a Class A misdemeanor. Alternatively, these charges may apply if the property is worth less than $500 and the theft occurs on a property where the defendant committed another theft offense within the past 5 years, or the actor has been previously convicted of a theft offense twice within the last 10 years. Theft offenses worth under $500 may be Class B misdemeanors.
Fighting Theft Charges
Defenses to theft charges may vary greatly based on the specific facts of your case.
A common strategy is to challenge the value of the alleged stolen property. The supposed victim might mistakenly believe their property is worth more than it actually is. If the property is less valuable, charges may be reduced.
Another strategy is to argue that you have a right to the property or received it legally. You cannot steal property that rightfully belongs to you. Similarly, you cannot steal property when you are authorized to take it.
Other defenses depend on the specific facts surrounding your case. For example, if you are charged with theft by deception, you might argue that you never tricked or deceived the alleged victim.
Criminal Charges Our Team Can Help You Fight
Our legal team has experience with various criminal charges, not just theft and murder. Other common charges in Utah include weapons charges, sexual crimes, and assault.
Weapons Charges
Weapons charges tend to result in serious penalties and may lead to an upgrader in charges. While firearms are common in these cases, other weapons may be implicated. A deadly weapon might include a knife, a power tool, or even a motor vehicle under the right circumstances.
These charges are complicated because they might apply to numerous criminal offenses. A robbery case might warrant weapons charges if the defendant allegedly used a gun. A domestic violence case might come with weapons charges if the defendant used a weapon against a cohabitant.
Sexual Offenses
Dealing with sexual offenses may be especially intimidating, as they are often met with significant backlash from the community and lead to severe penalties. Many sexual crimes are felonies, and you might face lengthy prison terms. You might also have to register as a sex offender for many years after your sentence is complete.
Assault
Assault charges are described under § 76-5-102(2) and may arise in several ways.
First, you may be charged if you are believed to have attempted to use unlawful force to inflict bodily harm on another. Second, you may be charged if you actually use unlawful force to cause real bodily injuries or create a significant risk of injury.
Assault is a common charge and may be charged as a misdemeanor. However, cases involving more serious harm or weapons may be considered aggravated assaulted and charged as a felony. It is not unusual for defendants to claim that they acted in self-defense. Others might try to reduce the charges by arguing that a weapon was not present.
Navigating a Criminal Case in Herriman, UT
Your attorney can advocate for your rights throughout your criminal trial, paying close attention to law enforcement’s actions and potential issues with the prosecution’s case and helping you navigate the process.
Your participation in your defense is paramount, and our attorneys can represent you during arraignment to ensure the prosecution does not convince the judge to set bail too high. We can then inform your loved ones about how to post bail, which might involve getting a bail bondsman, depending on the bail terms and conditions.
Being present, attentive, and calm during court appearances is crucial, as outbursts or missed court dates might give the judge reason to revoke your bail, even if you have already posted it and been out on bail for some time. If the court imposes certain bail conditions or restrictions, like complying with travel restrictions or avoiding drugs or alcohol, do not breach them. Otherwise, the judge might hold you in contempt.
Criminal cases are often distressing for defendants, who might face questions or pressure from family, friends, coworkers, or others interested in their case. With your freedom on the line, do not discuss your case with anyone other than our attorneys or mention it online, such as on your social media accounts.
Call Our Attorneys in Herriman, UT to Discuss Your Case for Free
Call Overson Law at (801) 758-2287 for a free initial case review from our criminal defense lawyers.
